Justice Aide Is Chosen To Direct Labor Dept.

By PETER BAKER

Published: March 18, 2013

WASHINGTON – President Obama plans to announce Monday that he will nominate Thomas E. Perez, who heads the Civil Rights Division at the Justice Department, to be the next secretary of labor, a choice that promises to provoke a debate with Republicans about voting rights and discrimination.

Mr. Perez would replace Hilda L. Solis, who stepped down in January after four years running the Labor Department. Word of his possible selection has been circulating in Washington for days, and a White House official informed reporters that the president would make it official on Monday.

The announcement comes just days after a Justice Department inspector general’s report found that the voting rights section has been torn by “deep ideological polarization” with liberal and conservative factions in sharp conflict. The divisions date back to the George W. Bush administration, and most occurred before Mr. Perez was confirmed in October 2009. He portrayed the report as largely clearing the section on his watch.

But the report also raised questions about testimony he gave, and Republicans made clear that they would take issue with his handling of some cases over the last three and a half years. His critics question, for example, whether he acted inappropriately in persuading the City of St. Paul to drop a lawsuit seeking to limit fair housing claims when there is no intentional bias.

Liberals and labor leaders have hailed Mr. Perez, calling him a strong champion for workers and those who have faced discrimination. While at the Justice Department, he has pursued a record number of discrimination or brutality claims against local police and sheriff’s departments, including that of Joe Arpaio, the outspoken sheriff in Maricopa County, Ariz., who was accused of “a pattern of unlawful discrimination” against Latinos.

Mr. Perez also challenged voter identification requirements imposed by South Carolina and Texas, and his division reached the three largest residential fair lending settlements in the history of the Fair Housing Act. Under him, the voting section participated in the most new litigation in the last fiscal year than in any previous year.

Mr. Perez, 51, who would be the only Hispanic in the cabinet if confirmed, is the son of immigrants from the Dominican Republic. His father died when he was 12, but his family pressed the value of education so much that all four of his siblings became doctors. Mr. Perez graduated from Brown University and Harvard Law School.

He has spent a career fighting discrimination cases as a federal prosecutor, then, under President Bill Clinton, as deputy chief of the civil rights division that he now heads, and finally as head of civil rights enforcement at the Health and Human Services Department. He also served as an elected council member in Montgomery County, Md., and as the state’s secretary of labor, licensing and regulation.

The timing of the inspector general’s report on the voting section seems to ensure that it will come up during Mr. Perez’s confirmation hearings. The report found a toxic environment in which conservatives and liberals fought and maligned one another through the Bush administration and into the Obama administration.

The examples it cited generally preceded Mr. Perez, and he wrote the inspector general that he had made a point of correcting the situation. “Since 2009, the Civil Rights Division and the Voting Section have undertaken a number of steps to improve the professionalism of our workplace and to ensure that we enforce the civil rights laws in an independent, evenhanded fashion,” Mr. Perez wrote.

The inspector general, however, raised questions regarding Mr. Perez’s testimony about a case that preceded his time. Mr. Perez told the Civil Rights Commission in 2010 that no senior department officials were involved in a 2009 decision not to pursue further a case of voter intimidation involving the New Black Panthers. But the report noted that in fact senior officials did participate in discussions about the case, although the final decision was made by career lawyers as Mr. Perez had testified.

Senator Charles E. Grassley of Iowa, the senior Republican on the Judiciary Committee, said the report showed that Mr. Perez was “woefully unprepared to answer questions” about a matter that he expected to be asked about. “This is troubling as it suggests a failure to also prepare for hearings before Congress, including the Senate Judiciary Committee, when questioned on this same topic,” he said in a statement.

Moreover, Mr. Grassley said the report made clear that Mr. Perez had not done as much as he had said to end harassment of conservatives in the voting rights section. “The reports shows that despite claims that it’s a new era in the Civil Rights Division, they are sadly mistaken, and it’s business as usual,” Mr. Grassley said.

While conservatives have called him a radical, Mr. Perez has not backed off his aggressive approach, even as his name was up for consideration for the Labor Department job. Just last Thursday, he announced an investigation into excessive force complaints against the Cleveland Police Department.